Aborsi dalam perspektif undang-undang kesehatan dan kuhp

Abstract

The legal position of abortion in Indonesia really needs to be seen again what is the purpose of the abortion act. Regardless of the problem of whether the abortion perpetrator did it on the basis of health considerations (abortion provokatus medicialis) or did it for other reasons which sometimes cannot be accepted by common sense, such as unwanted pregnancy (pregnancy outside of marriage) or fear of giving birth or because of fear of not giving birth. able to raise children due to the lack of family economic conditions, still the death rate due to abortion is so astonishing and very concerning. This study aims to determine and explain the comparison of the criminal act of abortion in Law Number 36 of 2009 concerning Health and the Criminal Code and the regulation of abortion according to the Draft Criminal Code 2015 in the context of criminal law reform. The method used in this research is normative juridical. The research approach taken is more aimed at the legal approach. Conceptual approach. The nature of the research in this thesis is descriptive research. The results showed that the crime of abortion has been regulated in Articles 346-349 of the Criminal Code. Specific regulations regarding this crime are more specifically regulated in the Health Law, namely Law Number 36 of 2009 concerning Health as the newest law (the result of amendments). Although the crime of abortion has been regulated in various laws and regulations, there are still many cases of abortion that occur. The Health Law and the Criminal Code are statutory rules within the framework of criminal law as public law that seeks to create public order by making legal rules that can prevent criminal acts deemed inconsistent with legal norms in effect in Indonesia. Abortion, or what people commonly know as abortion, is a practice that has been carried out by those who do not want the birth of the fetus they are carrying. Abortion can occur either as a result of human action or due to natural causes, that is, it occurs automatically, in the sense that it is not due to human actions. In several laws and regulations that apply in Indonesia and are linked to beliefs held firmly by the community, there are different interpretations of abortion. It is suggested that changes should be made to the statutory provisions regulating abortion, namely an explanation of what is meant by abortion and abortion for victims of rape. There is a need for cooperation between law enforcers, namely the police, prosecutors and judges with forensic doctors and also the active role of the community in handling criminal abortion cases